Fairchild

A jury found appellant and one MeKnight guilty of first degree robbery (Pen. Code, §211). Appellant moved for new trial on the ground of newly discovered evidence. His motion was denied, and he was sentenced to prison. He properly asks that we review the order denying new trial upon this appeal from the judgment (Pen. Code, § 1237).

At 2:45 a. m. two men entered a service station. One asked Schumann, the operator, for change. As Schumann opened the cash box, one of the men, identified as MeKnight, pointed a gun at Schumann, and said “this is a stickup.” MeKnight and his companion, identified by Schumann as appellant, then took all the money from the cash box, plus Schumann’s wallet, and left. Another service station in a nearby city was robbed some 45 minutes later, and a description of the automobile used in that robbery was broadcast by police radio. At about 4 a. m. a police officer saw a car answering the description, gave chase, and, when he stopped the car, found it driven by MeKnight with appellant occupying the front seat. They were arrested, identified by Schumann, and tried. A police officer testified that several days after the arrest he interviewed MeKnight, who said…